INCOME TAXES

9 Months Ended

Sep. 28, 2019

The Company’s income tax (benefit) expense and related effective rates were as follows (in thousands, except percentage data):



	For the 13 Weeks Ended September 28, 2019			For the 13 Weeks Ended September 29, 2018			For the 39 Weeks Ended September 28, 2019			For the 39 Weeks Ended September 29, 2018
Income tax expense	$	6,939		$	3,937		$	17,991		$	7,209
Effective tax rate	(38.6		)%	39.9		%	(71.1		)%	(17.3		)%

The tax rate in the Third Quarter is unfavorable as compared to the Prior Year Quarter and the Year To Date Period tax rate is unfavorable to the Prior YTD Period primarily due to a larger amount of favorable discrete items recorded in the Prior Year Quarter and the Prior YTD Period over those recorded in the Third Quarter and in the Year To Date Period. An increase in U.S. losses in the Third Quarter and Year To Date Period also unfavorably impacted the tax rate since no tax benefit can be recognized on these losses. This is due to the Global Intangible Low-Taxed Income (“GILTI”) provision of the Tax Cuts and Jobs Act signed into law in 2017, whereby certain foreign income inclusions absorb the U.S. net operating losses, eliminating the availability of any future tax benefit. The Third Quarter and Year To Date Period tax rates are negative due to accrual of income tax expense on entities with positive taxable income against a consolidated net loss.

As of September 28, 2019, the Company's total amount of unrecognized tax benefits, excluding interest and penalties, was $39.1 million, of which $32.6 million would favorably impact the effective tax rate in future periods, if recognized. The Company is subject to examinations in various state and foreign jurisdictions for its 2011-2018 tax years, none of which the Company believes are significant, individually or in the aggregate. Tax audit outcomes and timing of tax audit settlements are subject to significant uncertainty.

The Company has classified uncertain tax positions as long-term income taxes payable, unless such amounts are expected to be settled within twelve months of the condensed consolidated balance sheet date. As of September 28, 2019, the Company had recorded $13.6 million of unrecognized tax benefits, excluding interest and penalties, for positions that are expected to be settled within the next twelve months. Consistent with its past practice, the Company recognizes interest and/or penalties related to income tax overpayments and income tax underpayments in income tax expense and income taxes receivable/payable. At September 28, 2019, the total amount of accrued income tax-related interest and penalties included in the condensed consolidated balance sheets was $4.8 million and $1.0 million, respectively. For the Third Quarter and Year To Date Period, the Company accrued income tax related interest expense of $(0.4) million and $1.1 million, respectively.